Jan Son
Published 14 August 2026Updated 17 August 2026
General information, not legal advice for your specific case.
Your rights on a LATAM flight
LATAM Airlines is South America's largest carrier, based across Chile and Brazil, with European routes from hubs at Santiago and São Paulo reaching Madrid, Frankfurt, Milan, Lisbon, Paris and London. It maintains oneworld connections with partner airlines but is not itself an EU or UK carrier, so your rights attach to the airport you departed from.
- Departing an EU/EEA airport on LATAM — EU261 applies, as it does to any operating carrier. A Madrid, Frankfurt, Milan or Paris departure to South America is covered.
- Departing a UK airport — UK261 applies.
- Arriving into the EU/EEA or the UK from South America — not covered, because those inbound limbs require an EU or UK operating carrier and LATAM holds neither licence. A São Paulo to Madrid flight falls outside both regimes.
Compensation is triggered by arriving at your final destination three or more hours late, a cancellation with under 14 days' notice, or involuntary denied boarding after checking in on time.
What a delayed flight pays
| Flight distance | Example | Per passenger |
|---|---|---|
| Up to 1,500 km | Dublin → London | €250 |
| 1,500–3,500 km | London → Athens | €400 |
| Over 3,500 km | London → New York | €600 |
Amounts are per passenger, not per booking. A delay of 3–4 hours over 3,500 km may be reduced by half under Article 7(2).
How much you could receive
The amount is fixed by route distance, not by the fare or cabin. LATAM's flights between Europe and South America are long-haul and well over 3,500 km, so the top band is the usual one:
- EUR 250 — 1,500 km or less
- EUR 400 — 1,500 to 3,500 km
- EUR 600 — over 3,500 km, covering nearly every LATAM route out of Europe
UK261 pays GBP 220 / GBP 350 / GBP 520 on the same distance bands. Under Article 7(2) the top figure may be halved where a re-routing lands you under four hours late. Each passenger on the booking claims separately, and premium travellers receive the same figure as economy.
When LATAM doesn't have to pay
No compensation is due where the disruption was caused by extraordinary circumstances that could not have been avoided even with all reasonable measures — severe weather, air-traffic-control restrictions, airport closures, security alerts or a bird strike.
The airline carries the burden of proof. A one-line message blaming "operational reasons" is an assertion, not evidence, and should be tested against what actually happened. Industrial action divides the usual way: a strike by the airline's own crew is generally not extraordinary, whereas strikes by air-traffic controllers or third-party airport handlers usually are. Routine technical faults from ordinary maintenance remain the airline's responsibility.
How to claim from LATAM
Keep the booking reference, boarding passes for every sector, and any notification of the change. For a missed connection, note the actual arrival time at your final destination rather than the length of the first delay.
LATAM processes claims through its own channels and may ask for verification before paying. We prepare the submission, run the follow-up and any appeal, and tell you plainly if a defence is likely to hold. A stalled claim on a covered flight can be escalated to the national enforcement body in the EU country of departure or the UK Civil Aviation Authority, or pursued in court within the local time limit.
What it costs
The eligibility check is free. If we recover your compensation we charge a fixed EUR 39 success fee — the same whether you're owed EUR 250 or EUR 600 — and the airline's payment goes to you. No win, no fee.
Check what you're owed
What you need to claim
- Your flight number and date
- The airports you flew between
- Roughly how late you arrived
- Your booking reference, if you still have it
No boarding pass? We can usually work from the flight number and date alone.
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004R0261
- https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/
- https://curia.europa.eu/juris/liste.jsf?num=C-402/07
- https://curia.europa.eu/juris/liste.jsf?num=C-549/07
- https://curia.europa.eu/juris/liste.jsf?num=C-195/17
- https://curia.europa.eu/juris/liste.jsf?num=C-452/13
Related guides
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